The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

UK Statutory Instrument 1988 No. 664 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 30 March 1988
In force from: 11 April 1988
Extent: Not stated
Subject: Education, social security, pensions and public services
Made under: Social Security Act 1986

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, a draft of which has been laid before and approved by resolution of each House of Parliament, come into force on 11th April 1988 and replace, with amendments, the Social Security (Payments on account, Overpayments and Recovery) Regulations 1987 (S.I. 1987/491) and Part IV of the Supplementary Benefit (Trade Disputes and Recovery from Earnings) Regulations 1980 (S.I. 1980/1641) which cease to have effect. The main amendments are consequential upon the introduction of family credit and income support. Other amendments— 1 take account of the change in the assessment of capital for income support (tariff income) in calculating overpayments flowing from a misrepresentation as to claimant’s capital (regulation 14); 2 relate to the amount of income support which can be deducted in respect of overpayment of benefit (regulation 16(4)); 3 provide that, in the calculation of a claimant’s protected earnings, housing costs are calculated at a fixed rate (regulation 19). The Regulations contain transitional provisions which enable recovery of supplementary benefit and family income supplement to continue to be made by including those benefits in the definition of “benefit” and provide for continuity of action done or begun under the regulations which are revoked. The Regulations are made under provisions of the Social Security Act 1986 none of which has yet been in force for 12 months. Accordingly, the Regulations are exempt, by section 61(5) of the Social Security Act 1986, from reference to the Social Security Advisory Committee and have not been so referred.

Offences created by this instrument

Failure to notify regulation 29 · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Social Security (Payments) Commons · Commons Chamber · 21 March 1988
That the draft Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 be approved.
Copyright, Designs And Patents Bill Hl Lords · Lords Chamber · 29 March 1988 · The Parliamentary Under-Secretary of State, Department of Health and Social Security (Lord Skelmersdale)
My Lords, I beg to move the first Motion standing in my name on the Order Paper. I shall try hard not to confuse the noble Baroness, Lady Jeger, as much as I unfortunately did yesterday. However, as all the Motions in my name on the Order Paper today are what I might describe as pure social security amendment regulations, I trust that the House will allow me to speak to all of them at once and in due course to move them en bloc, as has been noted on today's Order Paper. The first three regulations contain a number of amendments to regulations which were debated and approved by the House in…
Business Lords · Lords Chamber · 29 March 1988 · Lord Denham
My Lords, it may be for the convenience of the House if I announce that the Third Reading of the Copyright, Designs and Patents Bill will be adjourned at approximately 7.30 p.m. for approximately one hour and that during this adjournment the Housing Benefit (General) Amendment Regulations 1988, the Housing Benefit (Supply of Information) Regulations 1988, the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988, the Income Support (General) Amendment Regulations 1988 and the Family Credit (General) Amendment Regulations 1988 will be taken.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 1988